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A think tank has banked a lawsuit by an e-liquid manufacturer against the FDA for the regulation.

Think Tank To Challenge FDA Regulation

TechFreedom, a technology think tank, has joined the conservative National Center for Public Policy Research to publish a brief in support of an e-liquid manufacturer that is legally challenging the Food and Drug Administration’s e-cig regulations. The FDA’s proposed changes have caused fierce controversy within the vaping community. Under the regulations, e-cig makers must spend an unreasonable, and often insurmountable amount of money and time on the premarket tobacco application process, unless the products in question were on the market before 15 February, 2007. TechFreedom and the NCPPR are just two of the latest reliable sources to question the changes and predict that most e-cigarette companies could close as a result. It was revealed in early May that the FDA planned to regulate e-cigarettes like regular cigarettes, and the changes are due to take effect today (Aug 8). Evan Swarztrauber, TechFreedom’s communications director, said the FDA’s propositions are an “absurd way to regulate new technology”. “The e-cig industry looks nothing like it did in 2007, and setting the most primitive products as a baseline for regulatory approval is the best way to stifle innovation.” Swarztrauber added that the FDA’s regulations will make it harder for Americans to take the safe route and use e-cigarettes. Daniel Suraci, an attorney working alongside TechFreedom with the NCPPR, also had harsh words for the regulation. “Regulations should be promulgated within the constraints of the rule of law, sound policy, and proportionality.” “The FDA’s heavy-handed approach to e-cigarettes is an affront to smart governance as the regulations are not only in direct contradiction of the scientific evidence showing the public health benefits of vaping, but also compel consumer use and public exposure to cancer-causing tobacco products.” The FDA has declined to comment on the e-liquid manufacturer’s lawsuit and criticisms from the think tank. In response, a top e-cig manufacturer has pleaded with the FDA to reconsider its “deeming” regulations and a US senator has pressed the FDA for their e-cig regulation.
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